Mongols biker club may keep its logo, judge rules

By Brian Melley

Published
12:59 pm PST, Friday, March 1, 2019

LOS ANGELES — A California judge has delivered a blow to a decadelong effort by federal prosecutors to strip the Mongols motorcycle gang of its trademarked logo, ruling such a move would be unconstitutional.

U.S. District Judge David Carter in Santa Ana nullified a first-of-its-kind jury verdict that would have given the government control of the logo of a Mongol warrior astride a chopper-style motorcycle and two other trademarks.

Ordering forfeiture of the trademarks would violate the First Amendment rights to freedom of association and Eighth Amendment protections against excessive penalties, Carter ruled Thursday.

“The collective membership mark acts as a symbol that communicates a person’s association with the Mongol Nation, and his or her support for their views,” Carter wrote. “Though the symbol may at times function as a mouthpiece for unlawful or violent behavior, this is not sufficient to strip speech of its First Amendment protection.”

Mongols’ attorney Joe Yanny said the ruling was a major victory for the bikers and he criticized prosecutors for wasting millions of dollars chasing “an impossible dream by some government guy who had no respect for the constitutional rights he might be trampling.”

Prosecutors may appeal, said Thom Mrozek, spokesman for the U.S. attorney.

Prosecutors had successfully argued before a jury that the logo was core to the identity of the Los Angeles area gang responsible for drug dealing, beatings and murder.

In January, the jury found the Mongol Nation entity guilty of racketeering and said the group’s trademarked patches could be forfeited. Carter affirmed the racketeering convictions, which could carry fines at sentencing in April.